Variation to contracts

Last updated
30 April 2021

A MOP(S) Act employees employment can be changed through a variation of contract. 

The employing parliamentarian should consult with the affected employee beforehand. The employee will need to agree with the updated terms and sign the updated contract.

Making contract variations

To vary an existing contract use form 102 - variation to an existing employment agreement (see related resources). The variation form should be completed before the variation commences. Email the completed and signed form to MaPS Help Desk.

Types of contract variations

A contract variation can be used to make the following changes to a person’s employment:

  • salary advance to a higher salary point within the employee’s classification, e.g. from EOB-1 to EOB-2
  • promote or transfer an ongoing employee within the employer’s office, e.g. promote an employee from an EOB to an EOC
  • give an employee higher duties allowance (HDA) when they are acting in a higher classification, e.g. pay an EOB employee HDA when they act as an EOC for more than two weeks
  • extend the contract of a non-ongoing employee, but only up to 12 months from the commencement of the original employment agreement
  • change ordinary hours of duty of an employee, e.g. from full-time to part-time
  • change additional hours an employee works against the electorate support budget (ESB)
  • change how much an employee is employed against an established position or the ESB, e.g. an employee is currently employed two days against a position and one day against the ESB. A variation could change this to employed one day against the position and two days against the ESB.

New employment agreement

You will need a new employment agreement in the following situations:

  • changing the employment status of an employee, e.g. to make a non-ongoing employee an ongoing employee
  • the employing parliamentarian’s employment powers change from Part IV of the MOP(S) Act to Part III (or vice versa), e.g. when a parliamentarian joins the Ministry, they cease to have employment powers under Part IV of the MOP(S) Act and now have powers under Part III.
  • when varying the employment of a casual employee.

Electorate staff allowance changes

The allocation of ESA must be in accordance with the Enterprise Agreement and the guideline on electorate staff allowance (see related resources). If you want to vary an employee’s electorate staff allowance (ESA), complete the ESA allocation form (see related resources) and email it to MaPS Help Desk.

After body